Facts
Trevor Clarke had type 1 diabetes and experienced a hypoglycaemic episode while driving. His car struck two pedestrians, killing one. A jury convicted him of causing death by dangerous driving. He was sentenced to three years’ imprisonment and disqualified from driving for life. He appealed against the custodial sentence.
Issue
How should the court assess Clarke’s culpability during the period when he was aware of the developing episode? What weight should it give to his health and the effect of custody?
Decision
The Court of Appeal held that the conviction rested on Clarke’s failure to stop driving when he was aware of the onset of the episode. The period of awareness might have been only momentary. His usual care in managing his diabetes and the exceptional circumstances reduced his culpability below that in the cases addressed by the ordinary sentencing range. His deteriorating health also made custody more onerous.
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The court allowed the appeal to the extent of replacing the three-year term with twelve months’ imprisonment. It held that the offence was too serious for a suspended sentence. The driving disqualification was not challenged and remained in force.
Reported citations: [2009] RTR 32
Source: Full judgment
